MUNSHI SINGH Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) ELECTIONS for the post of Sarpanch and Panches of various Gram Panchayats in the State of Haryana ware held in the year 1988. Nomination papers for Gram Panchayat Kharak Kalan were to be filed before 12 00 Noon on 5-8-1988. Scrutiny of the nomination papers was to be held between 12-00 Noon to 1-00 p. m. on the same day. Election, if any, was to be held on the next day i. e. 6-8-1988.

(2.) MUNSHI Singh petitioner and respondents No. 5 to 8 filed their nomination pipers for the post of Sarpanch. Block Development and Panchayat Officer (for short B D and P O ) supplied a list of defaulters to the Returning Officer in which the name of the petitioner did not find mention. Petitioner's nomination papers were thus entertained initially. At 12 30 p. m. when the scrutiny was going on, a letter written by B. D. and P. O. respondent No. 4 was produced before the Returning Officer purporting to be a notice in which some articles of Panchayat i. e. 13500 bricks, 5 RCC pipes, 30 empty cement bags 17 spades (Kassis) and 17 Taslas were shown to be due towards the petitioner. It was claimed by respondent No. 5 Ram Kumar who was ultimately elected as Sarpanch that the petitioner is not eligible to contest the election as he stood disqualified in terms of Section 5 (5) (p) of the Punjab Gram Panchayat (Haryana Amendment) Act, 1980 (hereinafter referred to as the Act ). Section 5 (5) (p) of the Act is reproduced below :

(3.) MUNSHI Singh petitioner offered to deposit the price of the goods mentioned in the notice Ex. PW 5/3 under protest but his offer was not accepted as estimate of the goods had not been prepared. Munshi Singh petitioner thereafter was asked to go to the B D. and P. C. but- the B. D. and P. O. did not pass any order and the nomination papers of Munshi Singh petitioner were rejected. Thereafter, Munshi Singh petitioner filed a written application Ex. P W. 4/a for depositing the amount which was rejected by the Returning Officer, lime put on this application is 1 4 5 p m.